HAWKINS v. FRANCHISE TAX BD. OF CALIFORNIA

No. 11-16276.

769 F.3d 662 (2014)

William M. HAWKINS, III, aka Trip Hawkins, Appellant, v. The FRANCHISE TAX BOARD OF CALIFORNIA; United States of America, Internal Revenue Service, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2014.


Attorney(s) appearing for the Case

Heinz Binder (argued) and Wendy Watrous Smith , Binder & Malter, LLP, Santa Clara, CA, for Appellant.

Kathryn Keneally , Assistant Attorney General, Kathleen E. Lyon , Bruce R. Ellisen , William Carl Hankla , and Rachel I. Wollitzer (argued), Attorneys, Tax Division, United States Department of Justice, Washington, D.C., for Appellee United States.

Lucy Wang , California Department of Justice, San Francisco, CA, for Appellee State of California.

A. Lavar Taylor , Attorney and Adjunct Professor of Law, Chapman University School of Law, Santa Ana, CA, for Amicus Curiae A. Lavar Taylor.

Opinion by Judge Thomas; Dissent by Judge Rawlinson.


OPINION

THOMAS, Circuit Judge:

In this case, we consider what mental state is required in order to find that a bankruptcy debtor's federal tax liabilities should be excepted from discharge under 11 U.S.C. § 523(a)(1)(c) because he "willfully attempted in any manner to evade or defeat such tax." Consistent with similar provisions in the Internal Revenue Code, 26 U.S.C. § 7201, we conclude that specific intent is required for the discharge exception...

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